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S10381 Summary:

BILL NOS10381
 
SAME ASSAME AS A11303
 
SPONSORKAVANAGH
 
COSPNSR
 
MLTSPNSR
 
Add §5-109, Energy L; add §19-0306-c, En Con L; add §1886, Pub Auth L
 
Requires all ferries purchased by or for the state or any agency or public authority thereof, in any fiscal year which commences on or after April 1, 2028, produce zero emissions; directs NYSERDA to conduct a feasibility study related to transitioning certain workboats to be zero-emission; defines terms.
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S10381 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10381
 
                    IN SENATE
 
                                      May 15, 2026
                                       ___________
 
        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations
 
        AN  ACT  to amend the energy law, the environmental conservation law and
          the public authorities law, in relation to requiring  publicly  funded
          ferries  to  be  zero-emission and directing the New York state energy
          research and development authority  to  conduct  a  feasibility  study
          related to transitioning certain workboats to be zero-emission
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The energy law is amended by adding a new section 5-109  to
     2  read as follows:
     3    §  5-109.  Purchase of zero-emission ferries. The president of the New
     4  York state energy research and development  authority  shall  promulgate
     5  rules  and regulations which shall require that all ferries purchased by
     6  or for the state or any agency  or  public  authority  thereof,  in  any
     7  fiscal  year which commences on or after April first, two thousand twen-
     8  ty-eight,  produce  zero  emissions.  Privately  licensed  ferries  that
     9  receive  funding from the state or any agency or public authority there-
    10  of, where such funds are  provided  to  subsidize  a  particular  route,
    11  shall,  in  any fiscal year which commences on or after April first, two
    12  thousand twenty-eight, purchase zero or near-zero  emission  ferries  to
    13  service that particular route.
    14    §  2.  The  environmental  conservation law is amended by adding a new
    15  section 19-0306-c to read as follows:
    16  § 19-0306-c. Ferry emissions regulations.
    17    1. The commissioner shall promulgate rules and regulations which shall
    18  require that all ferries purchased by or for the state or any agency  or
    19  public  authority,  and  privately licensed ferries that receive funding
    20  from the state or any agency or public  authority  thereof,  where  such
    21  funds  are  provided  to  subsidize a particular route, operating in the
    22  navigable waters of the state shall produce zero emissions by two  thou-
    23  sand  forty-two. Such ferries may only utilize fossil fuel-based engines
    24  as range extenders.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15766-01-6

        S. 10381                            2
 
     1    2. The provisions of this section shall not  apply  to  commercial  or
     2  sports  fishing  boats,  ocean-going ships or other vessels transporting
     3  goods through the Great Lakes.
     4    3.  For  purposes  of this section, the following terms shall have the
     5  following meanings:
     6    (a) "Zero emissions" shall mean zero exhaust emissions of  any  green-
     7  house  gas,  criteria pollutant, or precursor pollutant from the onboard
     8  power source under any operational modes or conditions.
     9    (b) "Near-zero emission" shall mean  technologies  that  significantly
    10  reduce  greenhouse  gas, criteria pollutant, or precursor pollutant from
    11  the onboard power source under any operational modes or  conditions  and
    12  provide a pathway to zero-emission operations.
    13    (c)  "Navigable waters of the state" shall have the same meaning as in
    14  subdivision four of section two of the navigation law.
    15    (d) "Fossil fuel" shall mean coal, petroleum products and fuel gases.
    16    (e) "Range extender" shall mean a fuel-based auxiliary power unit that
    17  extends the range of an electric vessel by providing power to  an  elec-
    18  tric  generator that charges the vessel's battery, without being used as
    19  the main propulsion system.
    20    § 3. The public authorities law is amended by  adding  a  new  section
    21  1886 to read as follows:
    22    §  1886.  Study  on zero-emission tugboats and other workboats. 1. The
    23  authority is hereby authorized and directed to conduct  a  comprehensive
    24  study  to  analyze the need for charging stations along the Hudson river
    25  and the  New  York  state  canal  system  to  accommodate  zero-emission
    26  tugboats and other workboats. Depending on applicable duty cycles, these
    27  vessels may include range extenders.
    28    2. Such study shall examine, at a minimum:
    29    (a)  the  current zero-emission tugboat and other workboat infrastruc-
    30  ture, including an evaluation of revenue allocation options to assist in
    31  an expansion of such infrastructure;
    32    (b) the current and projected future volume of commercial goods  move-
    33  ment  and  other marine services, including an estimate of the number of
    34  charging stations necessary to supply such operations upon a  transition
    35  of tugboats and other workboats to be zero-emission;
    36    (c) any safety implications concerning the development of the electric
    37  vessel infrastructure; and
    38    (d)  any  negative  impacts  that  may result from the installation of
    39  charging stations.
    40    3. The authority shall report its findings and any recommendations  to
    41  the  governor,  the temporary president of the senate and the speaker of
    42  the assembly no later than two years after the effective  date  of  this
    43  section.
    44    4.  The  provisions  of  this section shall not apply to commercial or
    45  sports fishing boats, ocean-going ships or other public  vessels  trans-
    46  porting goods through the Great Lakes.
    47    5.  For  purposes  of this section, the following terms shall have the
    48  following meanings:
    49    (a) "Workboats" shall mean non-ocean-going vessels used in  commercial
    50  transportation  of goods and support port, construction, or other marine
    51  service operations and shall  include  tugboats,  towboats,  barges  and
    52  dredges.
    53    (b)  "Zero-emission" shall mean zero exhaust emissions of any criteria
    54  pollutant or greenhouse gas from the onboard source of power  under  any
    55  possible operational modes or conditions.

        S. 10381                            3
 
     1    §  4.  Severability.  If any clause, sentence, paragraph, subdivision,
     2  section or part of this act shall be adjudged by any court of  competent
     3  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
     4  invalidate the remainder thereof, but shall be confined in its operation
     5  to the clause, sentence, paragraph, subdivision, section or part thereof
     6  directly  involved  in the controversy in which such judgment shall have
     7  been rendered. It is hereby declared to be the intent of the legislature
     8  that this act would have been enacted even if  such  invalid  provisions
     9  had not been included herein.
    10    § 5. This act shall take effect immediately.
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